How to calculate the compensation for a car accident and what principles should be followed for dama

Car accident compensation is calculated based on various expenses incurred due to medical treatment** and loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, and necessary nutrition expenses. If the victim is disabled due to injury, the necessary expenses incurred by the victim due to the increase in his living needs and the loss of income due to the loss of his or her ability to work;

It includes disability compensation, disability assistive device expenses, living expenses for dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

The amount of compensation is related to the size of the accident liability, and the party responsible for the accident shall bear the liability according to the proportion of the accident liability, and the insurance company shall bear the compensation within the scope of insurance.

1. Medical expenses: medical expenses are determined according to the medical expenses, hospitalization fees and other collection vouchers issued by medical institutions, combined with medical records and diagnosis certificates and other relevant evidence. If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof.

The amount of compensation for medical expenses shall be determined on the basis of the amount actually incurred before the conclusion of the debate in the court of first instance.

2. Lost work pay: Lost work pay is determined according to the victim's lost time and income. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received.

Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability. If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income.

3. Nursing fee: The nursing fee is determined according to the income status of the nursing staff, the number of nursing personnel, and the nursing period. Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; Where nursing staff have no income or employ nursing staff, it is calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing.

In principle, the number of nursing staff is one person, but where the medical establishment or evaluation body has a clear opinion, the number of nursing personnel is to be determined by reference.

4. Transportation expenses: Transportation expenses are calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer. Transportation expenses shall be based on official bills; The relevant credentials shall be consistent with the location, time, number of people, and number of times of medical treatment.

5. Accommodation fee. The accommodation expenses for the parties themselves and their escorts who come to the city from other places to deal with the actual traffic accidents.

6. Hospitalization meal subsidy. The hospital meal subsidy may be determined with reference to the business trip meal subsidy standard for general staff of local state organs.

7. Nutrition expenses. The nutrition fee is determined according to the victim's disability and with reference to the opinions of the medical institution.

8. Disability compensation. Disability compensation is calculated for 20 years from the date of determination of disability according to the degree of the victim's inability to work or the level of disability, and according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by 1 year for each additional year; If you are over 75 years old, it will be counted as 5 years.

9. Disability assistive devices. The fee for disability assistive devices is calculated according to the reasonable cost standard of commonly applicable devices. Where the injury has special needs, the corresponding reasonable expense standards may be determined with reference to the opinions of the assistive device preparation institution.

The replacement cycle and compensation period of assistive devices shall be determined with reference to the opinions of the preparation agency.

10. Living expenses of dependents. The living expenses of the dependents are calculated according to the degree of the dependent's inability to work, and according to the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. If the dependant is a minor, it is counted up to 18 years of age; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted.

11. Compensation for moral damages. Generally, only those who can meet the disability level can have this compensation, which is generally up to 5-80,000 yuan, and there are slight differences in local courts.

Pay attention to safety when traveling, but it is inevitable that you will encounter a traffic accident while walking on the road, and the victim suffers personal injury, serious to the point of disability or death, and the driver who caused the accident should compensate the victim for the loss. So how can these losses be quickly calculated? 1. Disability compensation = per capita income of residents in the previous year at the location of the court where the lawsuit is filed Disability coefficient Compensation period 2, disability assistive device fee = reasonable expenses applicable to ordinary appliances 3, funeral expenses = six times the average monthly salary of employees in the previous year at the location of the person responsible for the accident 4, living expenses of dependents = per capita annual consumption expenditure in the place where the person responsible for the accident is located Dependent years 5, hospital meal subsidy = food subsidy standard for general staff of state organs on business trips (yuan day) Number of days of hospitalization 6, medical expense compensation = diagnosis and treatment expenses +Medical expenses + hospitalization expenses + other miscellaneous expenses 7, lost work expenses = lost work income (days, months, years) Lost work time8, nursing expenses = nursing labor remuneration of the same level of nursing workers at the place where the traffic accident occurred Number of nursing days9, death compensation = per capita income of the previous year at the location of the court where the lawsuit is filed 20 years 10, transportation expenses = actual reasonable expenses 11, accommodation expenses = accommodation standards for general staff of state organs on business trips, length of accommodation12, direct property damage expenses=The direct loss of the damaged property (if the relevant invoice is not found or there is no relevant evidence for these properties, this is the need to be identified) 13. Loss of vehicle suspension (if it is a commercial vehicle, such as a taxi) = the actual loss incurred during the suspension of the vehicle (identification is required) 14. Moral damage fee = judgment of the court according to the actual situation (in principle, it is based on the disability).

1. The principle of compensation for traffic accident damages: The person responsible for the traffic accident shall bear the compensation for the losses and medical expenses for the consequences of the accident. Compensation for traffic accident damages must follow the following principles:

1. The principle of full compensation for property losses. In the case of vehicle and property losses, this refers to the entire content of the direct loss of the accident, and does not include the indirect loss of the accident.

2. The principle of compensation for economic losses caused by personal injury. For moral damages, compensation should also be made according to the specific circumstances.

3. The principle of compensation for damages according to traffic accident liability. That is, when several parties are liable for the traffic accident, the corresponding damages shall be shared according to their respective traffic accident liabilities.

4. The principle that the motor vehicle party bears no-fault liability for compensation. That is, if a traffic accident occurs between a motor vehicle and a pedestrian, resulting in the death or serious injury of the other party, and the motor vehicle party is not at fault, it shall share 10% of the economic losses of the other party, but the total amount shall not exceed the average living expenses of the traffic accident for 10 months.

5. The principle of fairness and reasonableness. It is necessary to consider not only the liability of the parties for traffic accidents, but also the financial situation of the parties.

2. The project of compensation for traffic accident damages According to the provisions of relevant laws, if a traffic accident causes physical injury or death, the injured or close relatives of the deceased can claim compensation from the other party.

Clause. 1. If the injured person is not disabled due to a traffic accident but has not yet reached the level of disability, then the injured person can claim for 7 items: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies and necessary nutrition expenses;

Clause. 2. In addition to the expenses in Article 1, the following compensation items (6 items) may also be claimed for disability assistive devices, living expenses of dependents, and necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Clause. 3. Where the deceased victim dies, the compensation obligor shall, in addition to compensating the relevant expenses according to the circumstances of the rescue, also compensate for the following six expenses: funeral expenses, living expenses of dependents, death compensation, and transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral expenses.

In addition, in the above three cases, the victim or the close relatives of the deceased can claim spiritual solatium from the compensation obligor. Where the victim or the close relatives of the deceased suffer mental damages, and the person entitled to compensation requests the people's court for compensation for moral damages, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall be applied to make a determination.

Legal Analysis: 1. The Principle of Comprehensive Compensation. 2. The principle of fairness and reasonableness.

It is necessary to protect the interests of the victim and properly protect the rights and interests of the defendant, and it is not possible to substitute compensation for punishment, pay more for less, and cannot increase the criminal punishment of the defendant just because the defendant is objectively unable to pay more.

Legal basis: Article 74 In the case of a dispute over compensation for traffic accident damages, the parties may request the traffic management department of the public security organ to mediate, or may directly file a civil lawsuit with the people's court. After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.